Local authorities and learning disabled parenting (A Local Authority v CG and others) – Family Law

‘A case concerning the parental suitability of two parents with mental health and learning difficulties offers a number of lessons that can help local authorities to better manage such challenging circumstances. Emma Harman, counsel for the mother, and Omar Malik, for the father, both of 3 Paper Buildings, outline the most salient issues for practitioners and local authorities to be aware of.’

Full Story

Family Law, 18th January 2018

Source: www.familylaw.co.uk

Children to be adopted as ‘kisses and cuddles not enough’ – BBC News

Posted January 11th, 2018 in adoption, care orders, learning difficulties, news, social services by tracey

‘Two children have been taken from the care of their mother, who has a learning disability, after a judge said “kisses and cuddles are not enough”.

Full Story

BBC News, 10th January 2018

Source: www.bbc.co.uk

The use of testing for drugs and alcohol in FDAC – Family Law

‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’

Full Story

Family Law, 9th January 2018

Source: www.familylaw.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

Full Story

39 Essex Chambers, December 2017

Source: www.39essex.com

Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’

Full Story

Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Judge hits out at lack of provision of secure accommodation for teenager – Local Government Lawyer

Posted November 29th, 2017 in care orders, mental health, news, young persons by sally

A judge is to protest to ministers for the second time in a year about the lack of secure accommodation for vulnerable young people.

Full Story

Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

How can the courts protect children from extremism? – Family Law

Posted November 24th, 2017 in care orders, children, families, guardianship, news, terrorism by tracey

‘Complex cases involving the children of families in which there are adults suspected of undertaking activities linked to terrorism or of involvement in radicalisation are facing family judges up and down the country as child protection services grapple to deal with the immediate effects of extremism.’

Full Story

Family Law, 23rd November 2017

Source: www.familylaw.co.uk

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

Full Story

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Father tried to kill girl to repair his relationship, UK judge finds – The Guardian

Posted November 14th, 2017 in attempts, care orders, child abuse, murder, news by tracey

‘A man twice tried to suffocate his infant daughter thinking her death might help heal his relationship with his partner, a judge has concluded.’

Full Story

The Guardian, 14th November 2017

Source: www.theguardian.com

Muslim father ‘ordered’ by judge not to impose Islam on his children – The Independent

Posted November 2nd, 2017 in care orders, children, families, freedom of expression, Islam, news by tracey

‘A Muslim father whose three children are being cared for by a Christian foster family was told by a judge he must not “pressure” them about Islam.’

Full Story

The Independent, 1st November 2017

Source: www.independent.co.uk

Lack of secure accommodation – ‘blood on our hands’? – Family Law

Posted October 24th, 2017 in care orders, children, detention, housing, mental health, news, self-harm, young persons by sally

‘It is sometimes necessary for local authorities to seek to place a looked after child in what is called secure accommodation. This is designed to protect them from injuring themselves or others and/or absconding from other types of accommodation and suffering significant harm as a consequence.’

Full Story

Family Law, 23rd October 2017

Source: www.familylaw.co.uk

Chris Ferguson discusses; Proportionality and Integrity – Park Square Barristers

Posted October 20th, 2017 in care orders, children, fostering, grandparents, news, placement orders, proportionality by sally

‘Not long ago I represented a pair of maternal grandparents in a case in Teesside. They had been closely involved with the family over a period of years, although the mother of the two girls at the heart of the case had moved away (not far) during recent times. The mother had various problems and the father barely featured in the proceedings. A few years back the grandparents had actually taken the older girl under their wing for a while (prior to the birth of her sister) and the girls’ older brother was living with them full time under a court order.’

Full Story

Park Square Barristers, 6th October 2017

Source: www.parksquarebarristers.co.uk

​Lack of secure accommodation – “blood on our hands”? – Zenith Chambers

Posted October 20th, 2017 in care orders, children, news, self-harm by sally

‘It is sometimes necessary for local authorities to seek to place a looked after child in what is called secure accommodation. This is designed to protect them from injuring themselves or others and/or absconding from other types of accommodation and suffering significant harm as a consequence.’

Full Story

Zenith Chambers, 18th October 2017

Source: www.zenithchambers.co.uk

‘Narcissistic cult’ brothers put into care – BBC News

Posted October 10th, 2017 in care orders, children, families, mental health, news by sally

‘Three teenage brothers should be taken from their mother and put into care, having developed a “narcissistic cult” mentality, a High Court judge has said.’

Full Story

BBC News, 9th October 2017

Source: www.bbc.co.uk

Woman with learning disability loses legal fight to keep children – The Guardian

Posted October 3rd, 2017 in appeals, care orders, learning difficulties, news by sally

‘A woman with a “very significant” learning disability has lost the latest round of a legal fight over the care of her two children.’

Full Story

The Guardian, 2nd October 2017

Source: www.theguardian.com

Should I apply for an Emergency Protection Order? – Transparency Project

Posted September 20th, 2017 in care orders, child abduction, news by sally

‘What alternatives are there to an EPO? There are two main scenarios we will consider here :
“Private law” : one parent is worried about the safety of a child in the care of the other (but this could also be a grandparent or extended family member)
“Public law” : a parent is concerned about a child who is in the care of social services.’

Full Story

Transparency Project, 16th September 2017

Source: www.transparencyproject.org.uk

Judge blasts lack of therapy for mother faced with losing second child – Local Government Lawyer

Posted September 19th, 2017 in adoption, care orders, local government, mental health, news, social services by tracey

‘A Family Court judge has questioned the spending of money on the issuing of legal proceedings and on psychological evidence when this expenditure is incurred before attempts have been made at therapeutic support, in a case where a vulnerable mother was faced with the loss of a second child to adoption.’

Full Story

Local Government Lawyer, 18th September 2017

Source: localgovernmentlawyer.co.uk

Returning jihadis will end up in family courts, Lord Chief Justice warns – Daily Telegraph

Posted September 8th, 2017 in care orders, families, family courts, Islam, news, terrorism by tracey

‘British jihadis returning from Syria will put pressure on the family courts over the next year, the Lord Chief Justice has said.’

Full Story

Daily Telegraph, 7th September 2017

Source: www.telegraph.co.uk

London borough finds interim placement for teenager after judicial criticism – Local Government Lawyer

Posted September 6th, 2017 in care orders, children, local government, mental health, news by sally

‘Southwark Council has now said it has found an interim placement for a troubled teenager after criticism from a judge.’

Full Story

Local Government Lawyer, 6th September 2017

Source: www.localgovernmentlawyer.co.uk

Court summons social services director over accommodation failure – Local Government Lawyer

‘The London Borough of Southwark’s social services director has been ordered to appear before a judge after the council could find no suitable accommodation available for a teenager described as “troubled and dangerous”.’

Full Story

Local Government Lawyer, 31st August 2017

Source: www.localgovernmentlawyer.co.uk